part ii contract clauses section i: contract clauses … i... · 2020. 11. 9. · 52.223-12...

Request for Proposal No. 89233220RNA000002

Section I, Page i

PART II – CONTRACT CLAUSES

SECTION I: CONTRACT CLAUSES

TABLE OF CONTENTS

A. FAR CLAUSES INCORPORATED BY REFERENCE............................................... 1

B. DEAR CLAUSES INCORPORATED BY REFERENCE .......................................... 11

C. FAR AND DEAR CLAUSES INCORPORATED IN FULL TEXT ........................... 13

I-1 FAR 52.202-1 DEFINITIONS (JUN 2020) (AS MODIFIED BY DEAR 952.202-1) ... 13

I-2 FAR 52.204-21 BASIC SAFEGUARDING OF CONTRACTOR INFORMATION SYSTEMS (JUN 2016) ................................................................................................ 13

I-3 FAR 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (AUG 2018) ...................................................................................................... 15

I-4 FAR 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018) (AS MODIFIED BY DEAR 952.216-7) (Tailored APR 2020)............................................ 16

I-5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ............................................................................................................................ 22

I-6 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997), ALTERNATE I (JUL 1995)......................................... 22

I-7 FAR 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) .................. 24

I-8 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA DESIGNATED ITEMS (MAY 2008) ..................................... 26

I-9 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL

WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016) ..................... 26

I-10 FAR 52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (MAY 2014)... 27

I-11 FAR 52.225-11 BUY AMERICAN ACT - CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (OCT 2019).......................................................... 30

I-12 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013) (DEVIATION APR 2020) ............... 35

I-13 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR

AUDIT (FEB 2006) ..................................................................................................... 36

I-14 FAR 52.249-6 TERMINATION (COST REIMBURSEMENT) (MAY 2004) (AS

MODIFIED BY DEAR 970.4905-1) ............................................................................ 36

I-15 FAR 52.250-1 INDEMNIFICATION UNDER PUBLIC LAW 85-804 (APR 1984)

ALTERNATE I (APR 1984) (SEE NOTE**) ............................................................. 40

I-16 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ........... 42


Section I, Page ii

I-17 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) ................ 43

I-18 DEAR 952.204-2 SECURITY (AUG 2016) ................................................................. 43

I-19 DEAR 952.219-70 DOE MENTOR-PROTÉGÉ PROGRAM (May 2000)

(DEVIATION) ............................................................................................................ 47

I-20 DEAR 952.250-70 NUCLEAR HAZARDS INDEMNITY AGREEMENT (AUG

2016) ............................................................................................................................ 47

I-21 DEAR 970.5203-3 CONTRACTOR'S ORGANIZATION (DEC 2000) (CLASS

DEVIATION).............................................................................................................. 51

I-22 DEAR 970.5204-2 LAWS, REGULATIONS, AND DOE DIRECTIVES (DEC

2000) (CLASS DEVIATION)...................................................................................... 51

I-23 DEAR 970.5204-3 ACCESS TO AND OWNERSHIP OF RECORDS (OCT 2014)

(CLASS DEVIATION) ............................................................................................... 53

I-24 DEAR 970.5215-3 CONDITIONAL PAYMENT OF FEE, PROFIT, AND OTHER

INCENTIVES— FACILITY MANAGEMENT CONTRACTS (AUG 2009)

ALTERNATE II (AUG 2009) (NNSA CLASS DEVIATION JUN 2019) ................... 55

I-25 DEAR 970.5215-4 COST REDUCTION (AUG 2009) (PROPOSED DEVIATION) .. 60

I-26 DEAR 970.5227-2 RIGHTS IN DATA-TECHNOLOGY TRANSFER (DEC 2000)

ALTERNATE I (DEC 2000) (NNSA CLASS DEVIATION OCT 2011) .................... 65

I-27 DEAR 970.5227-3 TECHNOLOGY TRANSFER MISSION (AUG 2002)

ALTERNATE II (DEC 2000) (NNSA CLASS DEVIATION OCT 2011) ................... 79

I-28 DEAR 970.5227-12 PATENT RIGHTS-MANAGEMENT AND OPERATING

CONTRACTS, FOR-PROFIT CONTRACTOR, ADVANCE CLASS WAIVER

(AUG 2002) ALTERNATE I (NNSA CLASS DEVIATION OCT 2011) .................... 90

I-29 DEAR 970.5232-2 PAYMENTS AND ADVANCES (DEC 2000) ALTERNATE II

(DEC 2000) ALTERNATE III (DEC 2000) (NNSA CLASS DEVIATION OCT

2011) .......................................................................................................................... 104

I-30 DEAR 970.5232-3 ACCOUNTS, RECORDS AND INSPECTION (DEC 2010)

(DEVIATION NOV 2011)......................................................................................... 108

I-31 DEAR 970.5244-1 CONTRACTOR PURCHASING SYSTEM (JAN 2013) (NNSA

CLASS DEVIATION MAY 2016) ............................................................................ 110


1

A. FAR CLAUSES INCORPORATED BY REFERENCE

The references cited herein are from the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1). The following FAR clauses are hereby incorporated by reference:

FAR

NUMBER

CLAUSE TITLE (Any insertions appear below the title in italics)

DATE OF

CLAUSE

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

Jun 2020

52.203-13 Contractor Code of Business Ethics and Conduct Jun 2020

52.203-14 Display of Hotline Poster(s)

(b)(3) Required poster is: DOE Hotline Poster obtained from

http://energy.gov/ig/downloads/office-inspector-general-hotline-poster

Jun 2020

52.203-16 Preventing Personal Conflicts of Interest Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower

Rights

Jun 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Confidentiality Arrangements or Statements Representation

Jan 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreement Statements

Jan 2017

52.204-3 Taxpayer Identification Oct 1998

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

May 2011

52.204-6 Unique Entity Identifier Oct 2020

52.204-7 System for Award Management Oct 2018

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Jun 2020

52.204-12 Unique Entity Identifier Maintenance Oct 2016

http://energy.gov/ig/downloads/office-inspector-general-hotline-posterhttp://energy.gov/ig/downloads/office-inspector-general-hotline-poster


2

52.204-13 System for Award Management Maintenance Oct 2018

52.204-14 Service Contract Reporting Requirements Oct 2016

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and

Certifications

Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Jul 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Aug 2020

52.204-26 Covered Telecommunications Equipment or Services-Representation

Oct 2020

52.209-6 Protecting the Government’s Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

Jun 2020

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Nov 2015

52.210-1 Market Research Jun 2020

52.211-5 Material Requirements Aug 2000

52.211-12 Liquidated Damages – Construction Sept 2000

52.211-15 Defense Priority and Allocation Requirement Apr 2008

52.215-2 Audit and Records – Negotiation

(Note that Alternate II [Aug 2016] applies if the Contractor is an educational institution/other non-profit organization)

Jun 2020

52.215-8 Order of Precedence -- Uniform Contract Format Oct 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data Aug 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-

Modifications

Jun 2020

52.215-12 Subcontractor Certified Cost or Pricing Data Jun 2020


3

52.215-13 Subcontractor Certified Cost or Pricing Data -- Modifications Jun 2020

52.215-15 Pension Adjustments and Asset Reversions Oct 2010

52.215-17 Waiver of Facilities Capital Cost of Money Oct 1997

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other Than Pensions

Jul 2005

52.215-19 Notification of Ownership Changes Oct 1997

52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort

Oct 2009

52.215-23 Limitations on Pass-Through Charges Jun 2020

52.219-1 Small Business Program Representations Mar 2020

52.219-8 Utilization of Small Business Concerns Oct 2018

52.219-9 Small Business Subcontracting Plan - Alt II Jun 2020

52.219-16 Liquidated Damages -- Subcontracting Plan Jan 1999

52.219-28 Post-Award Small Business Program Representation May 2020

52.222-1 Notice to the Government of Labor Disputes Feb 1997

52.222-2 Payment for Overtime Premiums

(a) The use of overtime is authorized under this contract if the overtime premium does not exceed [to be inserted after award,

consistent with Personnel Appendix] or the overtime premium is paid for work-

Jul 1990

52.222-3 Convict Labor Jun 2003

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime

Compensation

May 2018

52.222-6 Construction Wage Rate Requirements Aug 2018

52.222-7 Withholding of Funds

May 2014

52.222-8 Payrolls and Basic Records

Aug 2018


4

52.222-9 Apprentices and Trainees

Jul 2005

52.222-10 Compliance with Copeland Act Requirements

Feb 1988

52.222-11 Subcontracts (Labor Standards)

May 2014

52.222-12 Contract Termination – Debarment May 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification of Eligibility May 2014

52.222-16 Approval of Wage Rates

May 2014

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (b) Minority Goal: [TBD post-award as construction is initiated]; Female Goal: [TBD post-award as construction is initiated]

(e) [TBD post-award as construction is initiated]

Feb 1999

52.222-26 Equal Opportunity Sep 2016

52.222-27 Affirmative Action Compliance Requirements for Construction

Apr 2015

52.222-29 Notification of Visa Denial April 2015

52.222-30 Construction Wage Rate Requirements – Price Adjustment (None or Separately Specified Method)

Aug 2018

52.222-31 Construction Wage Rate Requirements – Price Adjustment (Percentage Method)

Aug 2018

52.222-32 Construction Wage Rage Requirements – Price Adjustment

(Actual Method)

Aug 2018

52.222-34 Project Labor Agreement

May 2010


5

52.222-35 Equal Opportunity for Veterans Jun 2020

52.222-36 Equal Opportunity for Workers With Disabilities Jun 2020

52.222-37 Employment Reports on Veterans Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

Dec 2010

52.222-50 Combating Trafficking in Persons Oct 2020

52.222-54 Employment Eligibility Verification Oct 2015

52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction FAR Contracts

Sep 2013

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011), Alternate I

May 2011

52.223-6 Drug Free Workplace May 2001

52.223-10 Waste Reduction Program May 2011

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

Jun 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

Jun 2016

52.223-13 Acquisition of EPEAT® -Registered Imaging Equipment (June

2014), Alternate I

(b) was EPEAT® silver-registered or gold-registered.

Oct 2015

52.223-14 Acquisition of EPEAT – Registered Televisions (June 2014),

Alternate I

(b) were EPEAT® silver-registered or gold-registered.

Jun 2014

52.223-15 Energy Efficiency in Energy-Consuming Products May 2020


6

52.223-16 IEEE 1680 Standard for Environmental Assessment of Personal Computer Products (Oct 2015), Alternate I

(b) were EPEAT® silver-registered or gold-registered

Jun 2014

52.223-17 Affirmative Procurement of EPA-Designated Items in Service

and Construction Contracts

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

Jun 2020

52.223-19 Compliance With Environmental Management Systems May 2011

52.223-20 Aerosols Jun 2016

52.223-21 Foams Jun 2016

52.224-1 Privacy Act Notification Apr 1984

52.224-2 Privacy Act Apr 1984

52.224-3 Privacy Training Jan 2017

52.225-1 Buy American Act—Supplies

May 2014

52.225-3 Buy American – Free Trade Agreement – Israeli Trade Act May 2014

52.225-8 Duty Free Entry Oct 2010

52.225-13 Restriction on Certain Foreign Purchases Jun 2008

52.225-25 Prohibition on Contracting With Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications

Jun 2020

52.226-1 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises

Jun 2000

52.227-1 Authorization and Consent Jun 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

Jun 2020

52.227-10 Filing of Patent Applications -- Classified Subject Matter Dec 2007

52.227-23 Rights to Proposal Data (Technical)

Except for data contained on pages TBD

Proposal dated TBD

Jun 1987


7

52.228-2 Additional Bond Security

Oct 1997

52.228-5 Insurance – Work on a Government Installation

Jan 1997

52.228-11 Pledges of Assets Aug 2018

52.228-12 Prospective Subcontractor Requests for Bonds

May 2014

52.228-14 Irrevocable Letter of Credit

Nov 2014

52.228-15 Performance and Payment Bonds – Construction

Jun 2020

52.229-3 Federal, State, and Local Taxes

(Applies to fixed price work only)

Feb 2013

52.229-8 Taxes -- Foreign Cost-Reimbursement Contracts

(a) Any tax or duty from which the United States Government is

exempt by agreement with the Government of [the foreign country(ies) referenced in the applicable Work Authorization or as specified by the Contracting Officer], or from which the Contractor or any subcontractor under this contract is exempt

under the laws of [the Country(ies) referenced in the applicable Work Authorization or as specified by the Contracting Officer], shall not constitute an allowable cost under this contract.

Mar 1990

52.230-2 Cost Accounting Standards Jun 2020

52.230-6 Administration of Cost Accounting Standards Jun 2010

52.232-5 Payments Under Fixed-Price Construction Contracts

May 2014

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts Apr 2010

52.232-16 Progress Payments (Apr 2012), Alternate I Mar 2000

52.232-17 Interest May 2014

52.232-18 Availability of Funds Apr 1984

52.232-23 Assignment of Claims

May 2014

52.232-24 Prohibition of Assignment of Claims May 2014


8

52.232-26 Prompt Payment for Fixed-Price Architect and Engineering Contracts

Jan 2017

52.232-27 Prompt Payment for Construction Contracts

Jan 2017

52.232-33 Payment by Electronic Funds Transfer – System for Award

Management

Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Dec 2013

52.233-1 Disputes (May 2014), Alternate I Dec 1991

52.233-3 Protest After Award (Aug 1996), Alternate I Jun 1985

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.234-4 Earned Value Management System Nov 2016

52.236-2 Differing Site Conditions

Apr 1984

52.236-3 Site Investigation and Conditions Affecting the Work

Apr 1984

52.236-5 Material and Workmanship

Apr 1984

52.236-6 Superintendence by the Contractor

Apr 1984

52.236-7 Permits and Responsibilities

Nov 1991

52.236-8 Other Contracts

Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

Apr 1984

52.236-10 Operations and Storage Areas

Apr 1984

52.236-11 Use and Possession Prior to Completion

Apr 1984

52.236-12 Cleaning Up

Apr 1984

52.236-13 Accident Prevention

Nov 1991


9

52.236-14 Availability and Use of Utility Services

Apr 1984

52.236-15 Schedules for Construction Contracts

Apr 1984

52.236-18 Work Oversight in Cost-Reimbursement construction Contracts

Apr 1984

52.236-19 Organization and Direction of the Work

Apr 1984

52.236-21 Specifications and Drawings for Construction

Feb 1997

52.236-23 Responsibility of the Architect – Engineer Contractor

Apr 1984

52.236-24 Work Oversight in Architect-Engineer contracts

Apr 1984

52.236-25 Requirements for Registration of Designers

Jun 2003

52.236-26 Preconstruction Conference

Feb 1995

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

Apr 1984

52.237-3 Continuity of Services Jan 1991

52.239-1 Privacy and Security Safeguards Aug 1996

52.242-1 Notice of Intent to Disallow Costs Apr 1984

52.242-3 Penalties for Unallowable Costs May 2014

52.242-5 Payments to Small Business Subcontractors Jan 2017

52.242-13 Bankruptcy Jul 1995

52.242-14 Suspension of Work

Apr 1984

52.244-2 Subcontracts Jun 2020

52.244-5 Competition in Subcontracting Dec 1996


10

52.244-6 Subcontract s for Commercial Items (Deviation APR 2020)

(xix) 52.232-40, Providing Accelerated Payments to Small

Business Subcontractors (DEC 2013) (DEVIATION APR 2020)

Oct 2020

52.245-1 Government Property Jan 2017

52.246-4 Inspection of Services – Fixed Price Aug 1996

52.246-5 Inspection of Services – Cost Reimbursement Apr 1984

52.246-12 Inspection of Construction Apr 1996

52.246-21 Warranty of Construction Mar 1994

52.246-26 Reporting Nonconforming Items Jun 2020

52.247-1 Commercial Bill of Lading Notations

(a) Transportation is for the [U.S. Department of Energy, National Nuclear Security Administration]…

(b) Transportation is for the [U.S. Department of Energy,

National Nuclear Security Administration]…pursuant to cost-reimbursement contract No. [TBD]. This may be confirmed by contacting [the Contracting Officer].

Feb 2006

52.247-63 Preference for U.S.-Flag Air Carriers June 2003

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006

52.248-3 Value Engineering – Construction

Oct 2020

52.249-2 Termination for the Convenience of the Government (Fixed Price) (Apr 2012), Alternate I

Sept 1996

52.249-10 Default (Fixed Price Construction)

Apr 1984

52.249-14 Excusable Delays Apr 1984

52.251-1 Government Supply sources Apr 2012

52.251-2 Interagency Fleet Management System Vehicles and Related Services

Jan 1991

52.253-1 Computer Generated Forms Jan 1991


11

B. DEAR CLAUSES INCORPORATED BY REFERENCE

The references cited herein are from the U.S. Department of Energy Acquisition Regulation (DEAR) (48 CFR Chapter 9). The following DEAR clauses are hereby incorporated by reference:

DEAR

NUMBER CLAUSE TITLE

(Any insertions appear below the title in italics)

DATE OF

CLAUSE

952.203-70 Whistleblower Protection for Contractor Employees Dec 2000

952.204-70 Classification/Declassification Sep 1997

952.204-71 Sensitive Foreign Nations Controls Mar 2011

952.204-75 Public Affairs Dec 2000

952.204-77 Computer Security Aug 2006

952.208-7 Tagging of Leased Vehicles Apr 1984

952.208-70 Printing Apr 1984

952.209-72 Organizational Conflicts of Interest (Aug 2009), Alternate I Aug 2009

952.211-71 Priorities and Allocations (ATOMIC ENERGY)

DO Rating E-2

Apr 2008

952.215-70 Key Personnel (b) [See Section J, Appendix F – List of Key Personnel]

Dec 2000

952.217-70 Acquisition of Real Property Mar 2011

952.223-75 Preservation of Individual Occupational Radiation Exposure Records

Apr 1984

952.223-78 Sustainable Acquisition Program Oct 2010

952.226-74 Displaced Employee Hiring Preference Jun 1997

952.227-82 Rights to Proposal Data

Except for technical data contained on [all] pages of the contractor's proposal dated TBD...

Apr 1994

952.235-71 Research Misconduct Jul 2005

952.236-71 Inspection in Architect-Engineer contracts Apr 1994

952.242-70 Technical Direction Dec 2000

952.247-70 Foreign Travel Jun 2010

952.251-70 Contractor Employee Travel Discount Aug 2009

970.5203-1 Management Controls Jun 2007

970.5203-2 Performance Improvement and Collaboration May 2006


12

970.5204-1 Counterintelligence Dec 2010

970.5208-1 Printing Dec 2000

970.5211-1 Work Authorization May 2007

970.5215-1 Total Available Fee: Base Fee Amount and Performance Fee Amount (DEC 2000), Alternate II

Dec 2000

970.5215-1 Total Available Fee: Base Fee Amount and Performance Fee Amount (DEC 2000), Alternate IV

Dec 2000

970.5217-1 Strategic Partnership Projects Program (Non-DOE Funded

Work)

Apr 2015

970.5222-1 Collective Bargaining Agreements-Management and Operating Contracts

Dec 2000

970.5222-2 Overtime Management Dec 2000

970.5223-1 Integration of Environment, Safety, and Health into Work Planning and Execution

Dec 2000

970.5223-3 Agreement Regarding Workplace Substance Abuse

Programs at DOE Sites

Dec 2010

970.5223-4 Workplace Substance Abuse Programs at DOE Sites Dec 2010

970.5223-6 Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management

Oct 2010

970.5223-7 Sustainable Acquisition Program (Oct 2010), Alternate I Oct 2010

970.5225-1 Compliance with Export Control Laws and Regulations (Export Clause)

Nov 2015

970.5226-1 Diversity Plan Dec 2000

970.5226-2 Workforce Restructuring Under Section 3161 of the

National Defense Authorization Act for Fiscal Year 1993

Dec 2000

970.5226-3 Community Commitment Dec 2000

970.5227-4 Authorization and Consent Aug 2002

970.5227-5 Notice and Assistance Regarding Patent and Copyright

Infringement

Dec 2000

970.5227-6 Patent Indemnity-Subcontracts Dec 2000

970.5227-8 Refund of Royalties Aug 2002

970.5228-1 Insurance-Litigation and Claims Jul 2013

970.5229-1 State and Local Taxes Dec 2000

970.5231-4 Preexisting Conditions, Alternate II Dec 2000

970.5232-1 Reduction or Suspension of Advance, Partial, or Progress Payments

Dec 2000


13

970.5232-4 Obligation of Funds Dec 2000

970.5232-5 Liability with Respect to Cost Accounting Standards Dec 2000

970.5232-6 Strategic Partnership Project Funding Authorization Apr 2015

970.5232-7 Financial Management System Dec 2000

970.5232-8 Integrated Accounting Dec 2000

970.5236-1 Government Facility Subcontract Approval Dec 2000

970.5242-1 Penalties for Unallowable Costs Aug 2009

970.5243-1 Changes Dec 2000

970.5245-1 Property Aug 2016

C. FAR AND DEAR CLAUSES INCORPORATED IN FULL TEXT

I-1 FAR 52.202-1 DEFINITIONS (JUN 2020) (AS MODIFIED BY DEAR 952.202-1)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) When a solicitation provision or contract clause uses a word or term that is defined in the

Department of Energy Acquisition Regulation (DEAR) (48 CFR chapter 9), the word or term has the same meaning as the definition in 48 CFR 902.101 or the definition in the part, subpart, or section of 48 CFR chapter 9 where the provision or clause is prescribed in effect at the time the solicitation was issued, unless an exception in (a) applies;

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies

throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of Clause)

I-2 FAR 52.204-21 BASIC SAFEGUARDING OF CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.


14

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or

opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to

protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.


15

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial

items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

I-3 FAR 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (AUG 2018)

(a) Definitions.

“Bureau of Land Management,” as used in this clause, means the Department of the Interior, Bureau of

Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545.

“Federal helium supplier” means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office’s Authorized List of Federal Helium Suppliers available via the Internet at https://www.blm.gov/programs/energy-and-minerals/helium/partners

“Major helium requirement” means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees

Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year.

https://www.blm.gov/programs/energy-and-minerals/helium/partners


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(b) Requirements --

(1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available.

(2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier --

(i) The name of the supplier;

(ii) The amount of helium purchased;

(iii) The delivery date(s); and

(iv) The location where the helium was used.

(c) Subcontracts --The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement.

(End of Clause)

I-4 FAR 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018) (AS MODIFIED BY DEAR 952.216-7) (Tailored APR 2020)

Note: Paragraph (a) applies to transition and contract close-out only. (a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in

amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 as supplemented by subpart 931.2 of the Department of Energy Acquisition Regulations (DEAR) in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and

reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt

Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request

to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

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(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only-

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made- (1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (C) Direct labor;

(D) Direct travel; (E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until

actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below.


18

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer.

The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect

cost rates as promptly as practical after receipt of the Contractor's proposal. (iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts). (C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element

of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool. (D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses

by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools. (E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Reserved. (G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by

major cost element. (H) Schedule of direct costs by Program (B&R) and indirect expense applied at claimed rates, as well as subsidiary schedule of Program participation percentages in each of the

allocation base amounts.

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(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract, if required by the Contracting Officer.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the

subcontractor name, address, and point of contact information). (K) Reserved.

(L) Reserved. (M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs). (O) Reserved.

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data. (B) General organizational information and limitation on allowability of compensation for

certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/ wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-

content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf . (C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

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(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made. (K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report. (M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost

rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the

agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any

monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the

meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the

Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon

request.


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(6) (i) If the Contractor fails to submit a completion invoice or voucher within the time specified

in paragraph (d)(5) of this clause, the Contracting Officer may-

(A) Determine the amounts due to the Contractor under the contract; and (B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-

(1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to

prevent substantial overpayment or underpayment. (f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior

overpayments or underpayments. (h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms

of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts

(including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the

Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-

(i) An assignment to the Government, in form and substance satisfactory to the Contracting

Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all

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liabilities, obligations, and claims arising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact

amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the

claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

(End of Clause)

I-5 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a

preliminary written notice of its intent to extend at least 120 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include

this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall

not exceed 10 years and four months .

(End of Clause)

I-6 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA (JAN 1997), ALTERNATE I (JUL 1995)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be

delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

None

Identification No.


23

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data

shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve

the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h) (1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.


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(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS’s), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS’s with the

packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS’s to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS’s in or on each shipping container. If affixed to the outside of each container, the MSDS’s must be placed in a

weather resistant envelope. (End of Clause)

I-7 FAR 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)

(a) The Contractor shall notify the Contracting Officer or designee, in writing, 30 days prior to the

delivery of, or prior to completion of any servicing required by this contract of, items containing either

(1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or

(2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries.

Such notice shall specify the part or parts of the items which contain radioactive materials, a

description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).

(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice

requirement in paragraph (a) of this clause. Any such request shall --

(1) Be submitted in writing;

(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and

(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.

(c) All items, parts, or subassemblies which contain radioactive materials in which the specific


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activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD

129 in effect on the date of the contract.

(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive

materials meeting the criteria in paragraph (a) of this clause.

(End of Clause)


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I-8 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause—

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall—

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer.

(End of Clause)

I-9 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

(a) Definitions. As used in this clause–

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular

end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as—

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

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(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall–

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by–

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov , for FY17 and after–

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap .

(End of clause)

I-10 FAR 52.225-9 BUY AMERICAN–CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

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28

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and

petroleum products.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also

includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction

material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs

to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction

material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the


29

component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the

construction materials or components listed by the Government as follows: None.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more

than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity; (D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction

materials cited in accordance with paragraph (b)(3) of this clause.

(ii) Request based on unreasonable cost shall include a reasonable survey of the market and a

completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).


30

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not

have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on

the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material

description

Unit of

measure

Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of clause)

I-11 FAR 52.225-11 BUY AMERICAN ACT - CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT 2019)

(a) Definitions. As used in this clause-


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Caribbean Basin country construction material means a construction material that–

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from

another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the

Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are

evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means-

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition,

plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

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(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,

Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso,

Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize,

Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country construction material” means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States

exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

Free Trade Agreement country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or


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(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that-

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, by providing a preference for domestic construction material. In accordance with 41 U.S.C.1907, the component test of the Buy

American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular

domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could

not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic

construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.


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(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information .]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty -free entry certificate is issued).]

(End of Clause)

I-12 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (DEVIATION APR 2020)

(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable

contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.


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(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

I-13 FAR 52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT

(FEB 2006)

(a) The Contractor shall submit to the address identified below, for prepayment audit, transportation

documents on which the United States will assume freight charges that were paid–

(1) By the Contractor under a cost-reimbursement contract; and

(2) By a first-tier subcontractor under a cost-reimbursement subcontract thereunder.

(b) Cost-reimbursement Contractors shall only submit for audit those bills of lading with freight shipment charges exceeding $100. Bills under $100 shall be retained on-site by the Contractor and made available for on-site audits. This exception only applies to freight shipment bills and is not intended to apply to bills and invoices for any other transportation services.

(c) Contractors shall submit the above referenced transportation documents to— DOE Automated

Transportation System in accordance with DOE Orders.

(End of clause)

I-14 FAR 52.249-6 TERMINATION (COST REIMBURSEMENT) (MAY 2004) (AS MODIFIED BY DEAR 970.4905-1)

(a) The Government may terminate performance of work under this contract in whole or, from time to

time, in part, if --

(1) The Contracting Officer determines that a termination is in the Government’s interest; or

(2) The Contractor defaults in performing this contract and fails to cure the default within 10 days (unless extended by the Contracting Officer) after receiving a notice specifying the default. “Default” includes failure to make progress in the work so as to endanger performance.

(b) The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination

specifying whether termination is for default of the Contractor or for convenience of the Government, the extent of termination, and the effective date. If, after termination for default, it is determined that the Contractor was not in default or that the Contractor’s failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor

as set forth in the Excusable Delays clause, the rights and obligations of the parties will be the same as if the termination was for the convenience of the Government.

(c) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause:


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(1) Stop work as specified in the notice.

(2) Place no further subcontracts or orders (referred to as subcontracts in this clause), except as necessary to complete the continued portion of the contract.

(3) Terminate all subcontracts to the extent they relate to the work terminated.

(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest

of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations.

(5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts, the cost of which would be reimbursable in whole or in part, under this contract; approval or ratification will b

part ii contract clauses section i: contract clauses … i... · 2020. 11. 9. · 52.223-12...

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